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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: December 18, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Gabriel Elliott, Director of Community Development and Housing Department: Community Development and Housing
Subject: Development Code Amendment 24-04
(ADU 2024 Legislative Update)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino:
1. Adopt Urgency Ordinance No. MC-1644U of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24-04 amending Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units in compliance with recent changes in state law; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 1 and Attachment 2); and
2. Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC-1645 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24-04 amending Chapter
19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units in compliance with recent changes in state law; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 3 and Attachment 4); and
3. Schedule the adoption of Ordinance No. MC-1645 to the regularly scheduled meeting of the Mayor and City Council on January 15th, 2025. 2 4
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Executive Summary
Approval of Development Code Amendment 24-04 will amend Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units in compliance with recent changes in state law.
Background
The Development Code (SBMC Title 19) is the primary mechanism by which the City implements the policies, goals, and objectives of both the General Plan and the Housing Element (an element of the General Plan). The Development Code achieves this by guiding development, on a lot-by-lot basis, throughout the city.
On May 5, 2021, the Mayor and City Council adopted Ordinance No. MC-1559, establishing standards for the development of Accessory Dwelling Units.
On December 7, 2022, the Mayor and City Council adopted Urgency Ordinance No. MC- 1604, updating standards for the development of Accessory Dwelling Units in compliance with recent changes to state law.
On September 19, 2024 (SB 1211) and September 28, 2024 (AB 2533), the Governor signed Assembly Bill 2533 and Senate Bill 1211 amending Article 2 of Chapter 13 of Division 1 of Title 7 of the Government Code as it pertained to the development of Accessory Dwelling Units. Both AB 2533 and SB 1211 take effect January 1, 2025. To remain valid, the City’s Accessory Dwelling Unit ordinance must comply with requirements imposed by AB 2533 and SB 1211 by this date.
Discussion
The proposed ordinance amends the City’s local regulatory scheme for the construction of ADUs and JADUs to comply with recently amended provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the Government Code.
Failure to comply with Article 2 of Chapter 13 of Division 1 of Title 7 of the Government Code (as amended) by January 1, 2025, renders the City’s ADU ordinance null and void, thereby limiting the City to the application of the few default state standards provided in the Government Code. The approval of ADUs and JADUs based solely on these default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety.
The attached proposed Urgency Ordinance includes changes to the Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19).
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Development Code Amendment 24-04 is proposed for adoption by urgency ordinance, in accordance with Government Code section 36937, Subdivision (b), and will be followed immediately by the introduction of a standard ordinance that will be scheduled for final adoption at a subsequent meeting.
AB 2533 – Unpermitted ADUs and JADUs
Subject to limited exceptions, existing state law prohibits a city from denying a permit to legalize an unpermitted ADU that was constructed before January 1, 2018, if the denial is based on the ADU not complying with applicable building, state, or local ADU standards. One exception allows a city to deny a permit to legalize if the city makes a written finding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure.
AB 2533 changes this by: (1) expanding the above prohibition to also include JADUs; (2) moving the construction-cutoff date from January 1, 2018, to January 1, 2020; and (3) replacing the above exception with a requirement that local agencies find that correcting the violation is necessary to comply with the standards specified in Health and Safety Code section 17920.3 (Substandard Buildings). (See amended Gov. Code, Section 66332(a)–(f).)
SB 1211 – Replacement Parking Requirements; Multifamily ADUs Replacement Parking
Existing state law prohibits the City from requiring off-street parking spaces to be replaced when a garage, carport, or covered parking structure is demolished in conjunction with the construction of, or conversion to, an ADU.
SB 1211 amends this prohibition to now also prohibit a city from requiring replacement parking when an uncovered parking space is demolished for or replaced with an ADU. (See amended Gov. Code, Section 66314(d)(11).)
Multifamily ADUs
SB 1211 further defines livable space in connection with converted ADUs inside a multifamily dwelling structure. Existing state law requires the City to ministerially approve qualifying building-permit applications for ADUs within “portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages ….” The term “livable space” is not defined by existing state ADU law.
SB 1211 changes this by adding a new definition: “‘Livable space’ means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.” (See amended Gov. Code, § 66313(e).)
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SB 1211 also increases the number of detached ADUs that lots with an existing multifamily dwelling can have. Existing state law allows a lot with an existing or proposed multifamily dwelling to have up to two detached ADUs.
Under SB 1211, a lot with an existing multifamily dwelling can have up to eight detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less. (See amended Gov. Code, Section 66323(a)(4)(A)(ii).) SB 1211 does not alter the number of ADUs that a lot with a proposed multifamily dwelling can have — the limit remains at two. (See amended Gov. Code, Section 66323(a)(4).).
Proposed Amendment
In order to ensure that the City’s development standards for Accessory Dwelling Units comply with state law, this amendment will update Section 19.04.030(2)(P) (Accessory Dwelling Units). The attached exhibits (Attachment 2 and Attachment 4) include the specific changes as proposed for adoption into the Development Code.
Implementation
The urgency ordinance for Development Code Amendment 24-04 will take effect immediately upon adoption. Following adoption of the urgency ordinance, a standard ordinance will follow to implement Development Code Amendment 24-04. This ordinance will become effective 30 days following final adoption by the Mayor and City Council.
General Plan Goals and Policies
The City of San Bernardino General Plan includes goals and policies to guide future development, as follow:
▪Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique Neighborhoods.
▪Land Use Element Policy 2.1.1: Actively enforce development standards, design guidelines, and policies to preserve and enhance the character of San Bernardino’s neighborhoods.
The adoption and implementation of Development Code Amendment 24-04 is consistent with the City’s General Plan by allowing for the development of Accessory Dwelling Units within the single-family residential and multi-family residential zones in a manner that will prevent negative impacts to the existing residential neighborhoods and the community at- large, while maintaining consistency with state law (AB 2533 and SB 1211). Additionally, as regulated by Development Code Amendment 24-04, new Accessory Dwelling Units (ADUs) will serve the City’s housing needs in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.
California Environmental Quality Act
Under California Public Resources Code Section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the Government Code, which is California’s ADU law 2 4
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and which also regulates JADUs, as defined by Section 66313. Therefore, the adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.
2021-2025 Strategic Targets and Goals
Development Code Amendment 23-03 aligns with Key Target Goal No. 3: Improved Quality of Life and 4(b): Economic Growth and Development – Update the General Plan and Development Code. Specifically, the amendment will update the Development Code for compliance with state law. The amendment to the Development Code will ensure consistency with state law.
Fiscal Impact
There will be no fiscal impact to the City’s General Fund as a result of this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino:
1. Adopt Urgency Ordinance No. MC-1644U of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24-04 amending Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units in compliance with recent changes in state law; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 1 and Attachment 2); and
2. Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC-1645 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24-04 amending Chapter
19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units in compliance with recent changes in state law; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 3 and Attachment 4); and
3. Schedule the adoption of Ordinance No. MC-1645 to the regularly scheduled meeting of the Mayor and City Council on January 15th, 2025.
Attachments
Attachment 1 Urgency Ordinance No. MC-1644U (Approving Development Code Amendment 24-04)
Attachment 2 Urgency Ordinance No. MC-1644U (Approving Development Code Amendment 24-04) – Exhibit A
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Attachment 3 Ordinance No. MC-1645 (Approving Development Code Amendment 24-04)
Attachment 4 Ordinance No. MC-1645 (Approving Development Code Amendment 24-04) – Exhibit A
Attachment 5 Resolution No. 2024-047 - PC
Attachment 6 Newspaper Publication
Attachment 7 PowerPoint
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A